Marx, Codification and Subject: Call the Marxist Ontology for a Critique of the Subject of Law as Central Concept of the Legal System

Abstract

This paper aims to discuss the problematic of the concept of the subject of Law, which was constituted from the juridical modernity in the context of rationalists references, namely, of jusnaturalism and german pandectistic. We wish to demonstrate how this rationalities put that image of subject of Law as the center of juridical codification process, so as to repercuss on a heritage still present today. The perspective which we will take to guide our critique will be founded by the Marx contribution for a dialetical-materialist understanding of socio-ontological sense of Law in reality, as a particularity with relative autonomy and continuous comunication with others social complexes. We will try, in this sense, to show how the formalization of the concept of the subject of Law represents a logical reproduction of the proprietor, built in the capitalist society.